Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860Blaine, James Gillespie
History
Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860
Blaine, James Gillespie
United States -- History; United States -- History -- 1865-1898
It was popularly believed that the whole case was made up in order
to afford an opportunity for the political opinions delivered by
the Court. This was an extreme view not justified by the facts.
But in the judgment of many conservative men there was a delay in
rendering the decision which had its origin in motives that should
not have influenced a judicial tribunal. The purport and scope of
the decision were undoubtedly known to President Pierce before the
end of his term, and Mr. Buchanan imprudently announced in his
Inaugural address that "the point of time when the people of a
Territory can decide the question of slavery for themselves" will
"be speedily and finally settled by the Supreme Court, before whom
it is now pending." How Mr. Buchanan could know, or how he was
entitled to know, that a question not directly or necessarily
involved in a case pending before the Supreme Court "would be
speedily and finally settled" became a subject of popular inquiry.
Anti-slavery speakers and anti-slavery papers indulged in severe
criticism both of Mr. Buchanan and the Court, declaring that the
independence of the co-ordinate branches of the government was
dangerously invaded when the Executive was privately advised of a
judicial decision in advance of its delivery by the Court. William
Pitt Fessenden, who always spoke with precision and never with
passion, asserted in the Senate that the Court, after hearing the
argument, had reserved its judgment until the Presidential election
was decided. He avowed his belief that Mr. Buchanan would have
been defeated if the decision had not been withheld, and that in
the event of Fremont's election "we should never have heard of a
doctrine so utterly at variance with all truth, so utterly destitute
of all legal logic, so founded on error, and so unsupported by any
thing resembling argument."
Public-domain text, read in full here on John Shaqi.
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